All the several pleas and excuses, which protect the committer of a forbidden act from the punishment which is otherwise annexed thereto, may be reduced to this single consideration, the want or defect of will. An involuntary act, as it has no claim to merit, so neither can it induce any guilt: the concurrence of the will, when it has its choice either to do or to avoid the fact in question, being the only thing that renders human actions either praiseworthy or culpable. Indeed, to make a complete crime, cognizable by human laws, there must be both a will and an act.
About this quote
- What does it mean?
- A crime requires both a guilty act and a guilty will; involuntary actions carry no guilt.
- In plain terms
- You need a willing mind and an action to commit a crime.
- What can you take from it?
- Mens rea and actus reus are both needed for criminal liability.
Where it applies
Putting it to work
Questions to consider
- When is intent irrelevant to criminal liability?
- How is involuntary action defined in court?
Another view
Some legal systems now impose strict liability where intent is not required.
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